نوع مقاله : علمی پژوهشی
1 دانشیار دانشگاه آزاد اسلامی، واحد علوموتحقیقات تهران
2 دانشجوی دکتری حقوق بینالملل دانشگاه شهید بهشتی
عنوان مقاله [English]
Under the recent statute entitled “The Jurisdiction of Iranian Judiciary on Civil Claims against Foreign States”, Iranian courts are competent to rule upon such claims against foreign sovereigns arisen out of ‘measures contrary to international law’, given that other certain conditions are met. This provision will require a domestic court to base its reasoning and ruling upon international law. The statute makes no suggestion as to how the court shall examine and establish the relevant rules of international law. However, judicial function needs to be objective and impartial, and special care should be given to the problem of ‘fragmentation’ when a court deals with international legal issues. Based upon these crucial requirements, it is argued that domestic courts should take notice of ‘international law as applied by international courts’. It is also argued on this basis that Tehran Common Courts would be able to rule upon damages out of economic sanctions, provided that it is shown in each case that measures taken to implement sanctions were contrary to international law.
-Awards of PCIJ & ICJ
-Awards of Other International Tribunals
-Awards of Domestic Courts
-Acts and Official Instruments
https://www.btg-bestellservice.de/pdf/80201000.pdf (retrieved: Dec-2014).
Executive Order 13382 (Jul. 1, 2005), 70 FR 126, available at: http://www.state.gov/documents/organization/135435.pdf (retrieved: Sep-2014).